WSR 03-16-087

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-175 -- Filed August 5, 2003, 3:10 p.m. ]

     Date of Adoption: August 1, 2003.

     Purpose: To adopt WAC 232-28-427 2003-04 Migratory waterfowl seasons and regulations; to amend WAC 232-16-600 North Potholes Game Reserve, 232-16-660 Frenchman Hills Wasteway Game Reserve, 232-16-740 Columbia, Snake, and Yakima River waterfowl, coot, and snipe closures, 232-28-341 2003-04, 2004-05, 2005-06 Small game seasons, 232-28-331 Game management units (GMUs) boundary descriptions-Region one, 232-28-332 Game management units (GMUs) boundary descriptions-Region two, 232-28-333 Game management units (GMUs) Boundary descriptions-Region three, 232-28-334 Game management units (GMUs) boundary descriptions-Region four, 232-28-335 Game management units (GMUs) boundary descriptions-Region five, 232-12-287 Possession of dead wildlife, 232-28-282 Big game and wild turkey, auction, raffle, and special incentive permits and 232-28-291 Special hunting season permits; and to repeal WAC 232-28-426 2002-03 Migratory waterfowl seasons and regulations.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-426; and amending WAC 232-16-600, 232-16-660, 232-16-740, 232-28-341, 232-28-331, 232-28-332, 232-28-333, 232-28-334, 232-28-335, 232-12-287, 232-28-282, and 232-28-291.

     Statutory Authority for Adoption: RCW 77.12.047.

      Adopted under notice filed as WSR 03-12-077 and 03-12-078 on June 3, 2003; WSR 03-13-041 on June 18, 2003; and WSR 03-13-115, 03-13-116, 03-13-117, 03-13-118, 03-13-119, 03-13-120 and 03-13-121 on June 18, 2003.

     Changes Other than Editing from Proposed to Adopted Version: WAC 232-16-740 Columbia, Snake, and Yakima River waterfowl, coot, and snipe closures: Changes, if any, from the text of the proposed rule and reasons for difference: Page 1 Section 3:
Replace the words "game birds" with the words "waterfowl, coot, and snipe" for clarification.

     WAC 232-28-427 2003-04 Migratory waterfowl seasons and regulations: Changes, if any, from the text of the proposed rule and reasons for difference: Page 1:

     The following changes on Page 1 are necessary to be consistent with federal frameworks announced July 20, 2003:

Revise statewide duck season dates to read: "Oct. 11-15, 2003 and Oct. 18, 2003-Jan. 25, 2004, except pintail and canvasback season closed Oct. 18-Dec. 1, 2003."
Revise daily bag limit for ducks to read: "7 ducks, to include not more than 2 hen mallards, 1 pintail, 4 scaup, 1 canvasback, 2 redheads, 1 harlequin, 4 scoters, and 4 ((oldsquaws)) long-tailed ducks."
Revise possession limit for ducks to read: "14 ducks, to include not more than 4 hen mallards, 2 pintails, 8 scaup, 2 canvasbacks, 4 redheads, 1 harlequin, 8 scoters, and 8 ((oldsquaws)) long-tailed ducks."
     Page 5:
Goose Management Area 4, add Dec. 26, 29, and 30 to list of season dates, based on input from the Waterfowl Advisory Council.

     WAC 232-28-341 2003-04, 2004-05, 2005-06 Small game seasons: Changes, if any, from the text of the proposed rule and reasons for difference: Page 4: To correct an error the last sentence within the paragraph that starts with "A hunter shall select..."; should be changed to "It is unlawful to purchase an additional permit until the ((eight)) pheasants allowed on the current permit are taken."


     WAC 232-28-335 Game management units (GMUs) boundary descriptions -- Region five: Changes, if any, from the text of the proposed rule and reasons for difference:

     Page 3; GMU 530 - Ryderwood:
Strike out the last sentence, this language should not be in the legal description.

     Page 4; GMU 554 - Yale:
To correct an error, replace the word "to" with "the", it should read "...S and W on ((to)) the electrical transmission line...".

     Page 6; GMU 560 - Lewis River:
Omit the change that was made when this WAC was filed it was changed in error.

     The description should read "...N along the Yakama Indian reservation boundary (Cascade Mountain Range Crest) to US Forest Service Trail 2000 (Pacific Crest Trail)in Section 3, T11N, R11E; S on US Forest Service trail 2000 (Pacific Crest Trail)..."

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 12, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

August 5, 2003

Susan Yeager

for Will Roehl, Chairman

Fish and Wildlife Commission

     Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 03-18 issue of the Register.

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